Elderly Drivers and Car Accidents

Are you concerned about an elderly loved one’s determination to remain mobile and independent and not give up the keys to their car? Were you injured in a San Fernando Valley car accident caused by a senior citizen who technically should not have been driving? If you can relate to either of these experiences, keep reading.

It seems that older people are often stubborn when it comes to admitting they should not longer be driving, or giving up their drivers licenses. And in places like Los Angeles County, who can blame them? Getting around via public transportation is often not the easiest in our part of the country. However, this is no excuse to put oneself or others at risk. It is an unfortunate and true statistic that the risk of being injured or killed in a motor vehicle crash increases as you age. An average of 500 older adults are injured every day in crashes. According to the CDC, fatal crash rates per mile traveled increase starting at age 75 and jump notably after age 80. Experts believe this is largely due to increased susceptibility to injury and medical complications among older drivers rather than an increased tendency to get into crashes.

Older Drivers are Vulnerable

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Police Pursuit Accidents and Liability

Residents and drivers in the greater Los Angeles area are no strangers to police chases. We seem to see one on the news on weekly basis! Have you ever wondered what happens in the cases when the driver trying to get away hits an immobile object or another car? Who’s at fault?

Is the Suspect in a Police Chase Liable?

Maybe . . . The suspect in a police chase may be liable for breaching the duty of care owed to others on the road, including pedestrians, cyclists, and fellow motorists.  If the suspect is negligent for failing to exercise the standard of reasonable care under the circumstances, he or she could be liable for damages caused by his/her actions. This would mean that: [1] the suspect had a duty to take risk-reducing precautions and to conform to a specific standard of conduct, [2] the suspect breached that duty by falling below the applicable standard of care, [3] the breach was the actual and proximate cause of injuries, and [4] someone suffered damages. If the suspect is violating traffic laws, or any other statute, regulation, or ordinance designed to protect others, and the violation was a substantial factor in causing injuries, the suspect may be liable under the negligence per se doctrine.

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Personal Injury Attorney

The Strange case of the UM/UIM Arbitration

Article Summary There are many strange twists and turns in handling Uninsured and Underinsured Motorist Arbitrations. This article highlights some of the unique nuances in handling these arbitrations and suggests a model for an agreement to use certain statutes and rules in addition to Insurance Code §11580.2. With adequate planning, agreement of counsel at the…

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Personal Injury Attorney

Jury trials in the age of social media

Article Summary The modern trial lawyer shoulds not disregard the effect of Facebook and other social media when presenting a case to a jury. This article discusses the Court’s attempt to deal with social media through revised jury instructions and developing case law. With adequate acknowledgement that social media is pervasive and here to stay,…

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Personal Injury Attorney

Should California provide driver’s licenses regardless of immigration status?

A Public Safety and Uninsured-Motorist Coverage Perspective Published in the Advocate 2013 Woodland Hills personal injury attorney Barry P. Goldberg believes California has a growing problem with record numbers of unlicensed, and therefore uninsured, drivers on the road. Undocumented immigrants drive every day and present a deadly risk to California motorists because they cannot get…

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Strict Liability for Failure to Warn is Still a Viable Theory in California

Failing to warn about a potentially dangerous product or condition has become a “disfavored” cause of action in California. Woodland Hills personal injury attorney Barry P. Goldberg believes that “failure to warn” should not be overlooked and can create the cornerstone of a successful case. Logic dictates that an injured person should see some obvious dangerous condition and that…

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